Sec. 401. Procedure for Declaration (42 U.S.C. 5170)
All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State. Such a request shall be based on a finding that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. As part of such request, and as a prerequisite to major disaster assistance under this Act, the Governor shall take appropriate response action under State law and direct execution of the State's emergency plan. The Governor shall furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the results of the disaster, and shall certify that, for the current disaster, State and local government obligations and expenditures (of which State commitments must be a significant proportion) will comply with all applicable cost-sharing requirements of this Act. Based on the request of a Governor under this section, the President may declare under this Act that a major disaster or emergency exists.
Sec. 402. General Federal Assistance (42 U.S.C. 5170a)*
In any major disaster, the President may -(1) direct any Federal agency, with or without reimbursement, to utilize its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical, and advisory services) in support of State and local assistance response and recovery efforts, including precautionary evacuations;
(2) coordinate all disaster relief assistance (including voluntary assistance) provided by Federal agencies, private organizations, and State and local governments, including precautionary evacuations and recovery;
(3) provide technical and advisory assistance to affected State and local governments for -
(A)the performance of essential community services; (B)issuance of warnings of risks and hazards;
(C)public health and safety information, including dissemination of such information;
(D)provision of health and safety measures;
(E)management, control, and reduction of immediate threats to public health and safety; and
(4) assist State and local governments in the distribution of medicine, food, and other consumable supplies, and emergency assistance; and
(5) provide accelerated Federal assistance and Federal support where necessary to save lives, prevent human suffering, or mitigate severe damage, which may be provided in the absence of a specific request and in which case the President
(A)shall, to the fullest extent practicable, promptly notify and coordinate with officials in a State in which such assistance or support is provided; and (B)shall not, in notifying and coordinating with a State under subparagraph (A),
delay or impede the rapid deployment, use, and distribution of critical resources to victims of a major disaster.
Sec. 403. Essential Assistance (42 U.S.C. 5170b)*
(a) In general - Federal agencies may on the direction of the President, provide assistance essential to meeting immediate threats to life and property resulting from a major disaster, as follows:
(1) Federal resources, generally - Utilizing, lending, or donating to State and local governments Federal equipment, supplies, facilities, personnel, and other resources, other than the extension of credit, for use or distribution by such governments in accordance with the purposes of this Act.
(2) Medicine, durable medical equipment, food, and other consumables - Distributing or rendering through State and local governments, the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief and disaster assistance organizations medicine, durable medical equipment, food, and other consumable supplies, and other services and assistance to disaster victims.
(3) Work and services to save lives and protect property - Performing on public or private lands or waters any work or services essential to saving lives and protecting and preserving property or public health and safety, including -
(A) debris removal;
(B) search and rescue, emergency medical care, emergency mass care, emergency shelter, and provision of food, water, medicine, durable medical equipment, and other essential needs, including movement of supplies or persons;
(C) clearance of roads and construction of temporary bridges necessary to the performance of emergency tasks and essential community services;
(D) provision of temporary facilities for schools and other essential community services;
(E) demolition of unsafe structures which endanger the public; (F) warning of further risks and hazards;
(G) dissemination of public information and assistance regarding health and safety measures;
(H) provision of technical advice to State and local governments on disaster management and control;
(I) reduction of immediate threats to life, property, and public health and safety; and
(J) provision of rescue, care, shelter, and essential needs -
(i) to individuals with household pets and service animals; and (ii)to such pets and animals.
(4) Contributions - Making contributions to State or local governments or owners or operators of private nonprofit facilities for the purpose of carrying out the provisions of this subsection.
(b) Federal share - The Federal share of assistance under this section shall be not less than 75 percent of the eligible cost of such assistance.
(c) Utilization of DOD resources -
(1) General rule - During the immediate aftermath of an incident which may ultimately qualify for assistance under this title or title V of this Act, the Governor of the State in which such incident occurred may request the President to direct the Secretary of Defense to utilize the resources of the Department of Defense for the purpose of performing on public and private lands any emergency work which is made necessary by such incident and which is essential for the preservation of life and property. If the President determines that such work is essential for the preservation of life and property, the President shall grant such request to the extent the President determines practicable. Such emergency work may only be carried out for a period not to exceed 10 days.
(2) Rules applicable to debris removal - Any removal of debris and wreckage carried out under this subsection shall be subject to section 5173(b) of this title, relating to unconditional authorization and indemnification for debris removal.
(3) Expenditures out of disaster relief funds - The cost of any assistance provided pursuant to this subsection shall be reimbursed out of funds made available to carry out this Act.
(4) Federal share - The Federal share of assistance under this subsection shall be not less than 75 percent.
(5) Guidelines - Not later than 180 days after the date of the enactment of the Disaster Relief and Emergency Assistance Amendments of 1988 [enacted Nov. 23, 1988], the President shall issue guidelines for carrying out this subsection. Such guidelines shall consider any likely effect assistance under
this subsection will have on the availability of other forms of assistance under this Act.
(6) Definitions - For purposes of this section
(A) Department of Defense - The term “Department of Defense” has the meaning the term “department” has under section 101 of title 10. (B) Emergency work - The term “emergency work” includes clearance
and removal of debris and wreckage and temporary restoration of essential public facilities and services.
Sec. 404. Hazard Mitigation (42 U.S.C. 5170c)*
(a) In General - The President may contribute up to 75 percent of the cost of hazard mitigation measures which the President has determined are cost-effective and which substantially reduce the risk of future damage, hardship, loss, or suffering in any area affected by a major disaster. Such measures shall be identified following the evaluation of natural hazards under section 5165 of this title and shall be subject to approval by the President. Subject to section 5165 of this title , the total of contributions under this section for a major disaster shall not exceed 15 percent for amounts not more than $2,000,000,000, 10 percent for amounts of more than $2,000,000,000 and not more than $10,000,000,000, and 7.5 percent on amounts of more than $10,000,000,000 and not more than $35,333,000,000 of the estimated aggregate amount of grants to be made (less any associated administrative costs) under this Act with respect to the major disaster.
(b) Property acquisition and relocation assistance -
(1) General authority - In providing hazard mitigation assistance under this section in connection with flooding, the Director of the Federal Emergency Management Agency may provide property acquisition and relocation assistance for projects that meet the requirements of paragraph (2).
(2) Terms and conditions - An acquisition or relocation project shall be eligible to receive assistance pursuant to paragraph (1) only if -
(A) the applicant for the assistance is otherwise eligible to receive assistance under the hazard mitigation grant program established under subsection (a); and
(B) on or after December 3, 1993, the applicant for the assistance enters into an agreement with the Director that provides assurances that -
(i) any property acquired, accepted, or from which a structure will be removed pursuant to the project will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices;
(ii)no new structure will be erected on property acquired, accepted or from which a structure was removed under the acquisition or relocation program other than--
(I) a public facility that is open on all sides and functionally related to a designated open space; (II)a rest room; or
(III) a structure that the Director approves in writing before the commencement of the construction of the structure; and
(iii)after receipt of the assistance, with respect to any property acquired, accepted or from which a structure was removed under the acquisition or relocation program--
(I) no subsequent application for additional disaster assistance for any purpose will be made by the recipient to any Federal entity; and
(II)no assistance referred to in subclause (I) will be provided to the applicant by any Federal source. (3) Statutory construction - Nothing in this subsection is intended to alter or
otherwise affect an agreement for an acquisition or relocation project carried out pursuant to this section that was in effect on the day before December 3, 1993.
(c) Program Administration by States -
(1) In general - A State desiring to administer the hazard mitigation grant program established by this section with respect to hazard mitigation assistance in the State may submit to the President an application for the delegation of the authority to administer the program.
(2) Criteria - The President, in consultation and coordination with States and local governments, shall establish criteria for the approval of applications submitted under paragraph (1). The criteria shall include, at a minimum -
(A) the demonstrated ability of the State to manage the grant program under this section;
(B) there being in effect an approved mitigation plan under section 5165 of this title; and
(C) a demonstrated commitment to mitigation activities.
(3) Approval - The President shall approve an application submitted under paragraph (1) that meets the criteria established under paragraph (2).
(4) Withdrawal of approval - If, after approving an application of a State submitted under paragraph (1), the President determines that the State is not administering the hazard mitigation grant program established by this
section in a manner satisfactory to the President, the President shall withdraw the approval.
(5) Audits - The President shall provide for periodic audits of the hazard mitigation grant programs administered by States under this subsection.
Sec. 405. Federal Facilities (42 U.S.C. 5171)
(a) Repair, reconstruction, restoration or replacement of United States facilities - The President may authorize any Federal agency to repair, reconstruct, restore, or replace any facility owned by the United States and under the jurisdiction of such agency which is damaged or destroyed by any major disaster if he determines that such repair, reconstruction, restoration, or replacement is of such importance and urgency that it cannot reasonably be deferred pending the enactment of specific authorizing legislation or the making of an appropriation for such purposes, or the obtaining of congressional committee approval.
(b) Availability of funds appropriated to agency for repair, reconstruction, restoration, or replacement of agency facilities - In order to carry out the provisions of this section, such repair, reconstruction, restoration, or replacement may be begun notwithstanding a lack or an insufficiency of funds appropriated for such purpose, where such lack or insufficiency can be remedied by the transfer, in accordance with law, of funds appropriated to that agency for another purpose.
(c) Steps for mitigation of hazards - In implementing this section, Federal agencies shall evaluate the natural hazards to which these facilities are exposed and shall take appropriate action to mitigate such hazards, including safe land-use and construction practices, in accordance with standards prescribed by the President.
Sec. 406. Repair, Restoration, and Replacement of Damaged Facilities (42
U.S.C. 5172)*
(a) Contributions -
(1) In general -The President may make contributions -
(A) to a State or local government for the repair, restoration, reconstruction, or replacement of a public facility damaged or destroyed by a major disaster and for associated expenses incurred by the government; and
(B) subject to paragraph (3), to a person that owns or operates a private nonprofit facility damaged or destroyed by a major disaster for the repair, restoration, reconstruction, or replacement of the facility and for associated expenses incurred by the person.
(2) Associated expenses - For the purposes of this section, associated expenses shall include -
(A) the costs of mobilizing and employing the National Guard for performance of eligible work;
(B) the costs of using prison labor to perform eligible work, including wages actually paid, transportation to a worksite, and extraordinary costs of guards, food, and lodging; and
(C) base and overtime wages for the employees and extra hires of a State, local government, or person described in paragraph (1) that perform eligible work, plus fringe benefits on such wages to the extent that such benefits were being paid before the major disaster. (3) Conditions for assistance to private nonprofit facilities -
(A) In general - The President may make contributions to a private nonprofit facility under paragraph (1)(B) only if -
(i) the facility provides critical services (as defined by the President) in the event of a major disaster; or
(ii)the owner or operator of the facility -
(I) has applied for a disaster loan under section 7(b) of the Small Business Act (15 U.S.C. 636(b)); and (II)(aa) has been determined to be ineligible for such a
loan; or
(bb) has obtained such a loan in the maximum
amount for which the Small Business Administration determines the facility is eligible.
(B) Definition of critical services - In this paragraph, the term “critical services” includes power, water (including water provided by an irrigation organization or facility), sewer, wastewater treatment, communications, education, and emergency medical care.
(4) Notification to Congress - Before making any contribution under this section in an amount greater than $20,000,000, the President shall notify
(A) the Committee on Environment and Public Works of the Senate; (B) the Committee on Transportation and Infrastructure of the House of
Representatives;
(C) the Committee on Appropriations of the Senate; and
(D) the Committee on Appropriations of the House of Representatives. (b) Federal Share -
(1) Minimum federal share - Except as provided in paragraph (2), the Federal share of assistance under this section shall be not less than 75 percent of the eligible cost of repair, restoration, reconstruction, or replacement carried out under this section.
Note: Paragraph (2) takes effect after FEMA has promulgated an implementing regulation.
(2) Reduced federal share - The President shall promulgate regulations to reduce the Federal share of assistance under this section to not less than 25 percent in the case of the repair, restoration, reconstruction, or replacement of any eligible public facility or private nonprofit facility following an event associated with a major disaster -
(A) that has been damaged, on more than one occasion within the preceding 10-year period, by the same type of event; and
(B) the owner of which has failed to implement appropriate mitigation measures to address the hazard that caused the damage to the facility.
(c) Large In-Lieu Contributions - (1) For public facilities -
(A) In general - In any case in which a State or local government determines that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing any public facility owned or controlled by the State or local government, the State or local government may elect to receive, in lieu of a contribution under subsection (a)(1)(A), a contribution in an amount equal to 90 percent of the Federal share of the Federal estimate of the cost of repairing, restoring, reconstructing, or replacing the facility and of management expenses.
(B) Use of funds - Funds contributed to a State or local government under this paragraph may be used -
(i) to repair, restore, or expand other selected public facilities; (ii)to construct new facilities; or
(iii)to fund hazard mitigation measures that the State or local government determines to be necessary to meet a need for governmental services and functions in the area affected by the major disaster.
(C) Limitations - Funds made available to a State or local government under this paragraph may not be used for -
(i) any public facility located in a regulatory floodway (as defined in section 59.1 of title 44, Code of Federal Regulations (or a successor regulation)); or
(ii) any uninsured public facility located in a special flood hazard area identified by the Director of the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.).
(2) For private nonprofit facilities -
(A) In general - In any case in which a person that owns or operates a private nonprofit facility determines that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing the facility, the person may elect to receive, in lieu of a contribution under subsection (a)(1)(B), a contribution in an amount equal to 75 percent of the Federal share of the Federal estimate of the cost of repairing, restoring, reconstructing, or replacing the facility and of management expenses.
(B) Use of funds - Funds contributed to a person under this paragraph may be used -
(i) to repair, restore, or expand other selected private nonprofit facilities owned or operated by the person;
(ii)to construct new private nonprofit facilities to be owned or operated by the person; or
(iii)to fund hazard mitigation measures that the person determines to be necessary to meet a need for the person's services and functions in the area affected by the major disaster.
(C) Limitations - Funds made available to a person under this paragraph may not be used for--
(i) any private nonprofit facility located in a regulatory floodway (as defined in section 59.1 of title 44, Code of Federal Regulations (or a successor regulation)); or
(ii)any uninsured private nonprofit facility located in a special flood hazard area identified by the Director of the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.).
(d) Flood insurance -
(1) Reduction of Federal assistance - If a public facility or private nonprofit facility located in a special flood hazard area identified for more than 1 year by the Director pursuant to the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) is damaged or destroyed, after the 180th day following November 23, 1988, by flooding in a major disaster and such facility is not covered on the date of such flooding by flood insurance, the Federal assistance which would otherwise be available under this section with respect to repair, restoration, reconstruction, and replacement of such facility and associated expenses shall be reduced in accordance with paragraph (2).
(2) Amount of reduction - The amount of a reduction in Federal assistance under this section with respect to a facility shall be the lesser of -
(A) the value of such facility on the date of the flood damage or destruction, or
(B) the maximum amount of insurance proceeds which would have been